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Law Educator, Esq., Lawyer

Category: Family Law

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Need advice in reference to my mother, she is been separated

Resolved Question:

Need advice in reference to my mother, she is been separated from our father for over 30 years never file divorce, our father didn't contribute for child support or house payments after all this years my father is ill and, I have been inform that they could take our mothershome for his medical bills? is this possible need advice and direction.

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, as they are still married medicaid could still seek to take the marital property, but this is only a presumption that the property is marital property and this presumption can be disputed in an appeal. To dispute the fact it is marital property, your mother will have to prove to medicaid that they have been separated from bed and board for 30 years and as such the property is not going to be considered marital. At this point, your mom needs to consider protecting herself by getting a divorce finally and having the court declare the property separate so that she does not have to fight with medicaid in the event of your father's death.

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Yes, you would need a divorce lawyer in NY to file and complete a divorce. In the meantime, generally medical needs of a spouse are presumed to be a marital expense, which means she has to prove to the medical providers that they have been estranged for 30 years and the attorney will generally contact them and provide them the evidence and tell them this is not a marital debt.

As far as your dad's medical issues and needs, you can assist him in applying for medicaid or other medical assistance programs such as medicare.

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